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HomeMy WebLinkAbout2007-055-05/15/2007-AUTHORIZING AN INTERIM INTERGOVERNMENTAL AGREEMENT BETWEEN THE FORT COLLINS REGIONAL LIBRARY DISTRIC RESOLUTION 2007-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERIM INTERGOVERNMENTAL AGREEMENT BETWEEN THE FORT COLLINS REGIONAL LIBRARY DISTRICT, THE CITY OF FORT COLLINS AND LARIMER COUNTY WHEREAS, on November 7,2006, the voters approved a citizen initiative to establish and fund the Fort Collins Regional Library District(the"District")pursuant to Sections 24-90-101 to 606 of the Colorado Revised Statutes (the "Library Law"); and WHEREAS,on November 21,2006,the Council adopted Resolution 2006-118 establishing the District pursuant to Section 107(3)(g) of the Library Law and appointing two Councilmembers to a committee to appoint the initial board of trustees of the District (the`Board"); and WHEREAS, on March 6, 2007, pursuant to Section 108(1) of the Library Law, the City Council and Board of County Commissioners for Larimer County ratified the initial appointments to the Board; and WHEREAS, Section 107(3)(h) of the Library Law requires the City, the County and the District to enter into an intergovernmental agreement("IGA")within ninety days of the appointment of the Board that "shall set forth fully the rights, obligations, and responsibilities, financial and otherwise," of the City, the County and the District; and WHEREAS, the Board has been meeting regularly and on May 2,2007,provided City staff with a first draft of the IGA; however, City staff and the Board do not believe that the ninety day period provided for in the Library Law will allow sufficient time to consider, negotiate and resolve all the issues that must be considered in order to establish a successful, long term relationship between the parties; and WHEREAS, City staff and the Board are proposing entering into a simpler, short-term "Interim IGA" under which the City would continue to operate its libraries for the remainder of 2007, with the costs of such operation to be reimbursed by the District up to a maximum total amount of$3,851,153.00 for 2007; and WHEREAS, additional terns and conditions of the Interim IGA include the following: • the City will continue to operate its libraries as City facilities, as a contractor of the District; • the District will reimburse the City in an amount up to $445,353 for the costs incurred in 2007 by other City departments,including Finance, Operation Services, Human Resources and Management Information Services, in providing administrative services associated with the operation of City libraries; • the District will also pay for any additional services, personnel, materials or equipment that it requests to expand or improve library services; • the District will reimburse the City for the costs of operating the libraries,and related administrative costs, for the first quarter of 2007, upon the parties' execution of the Interim IGA; thereafter, the City will bill the District monthly for the previous month's costs; and WHEREAS,the City,County and District will continue to work towards having a long-term IGA completed and in place on or before October 1,2007„ with the goal of turning over operation and management of the City's libraries to the District on January I, 2008; and WHEREAS, Section 29-1-203, C.R.S., authorizes governmental entities to cooperate and contract with one another in order to provide any function, service, or facility lawfully permitted to each if such a contract is properly authorized by each party thereto; and WHEREAS,the Cityis authorized to enter into intergovernmental agreements to provide any function, service or facility, pursuant to Article II, Section 16 of the Charter of the City of Fort Collins and City Code Section 1-22. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into the Interim IGA with the Fort Collins Regional Library District for the purpose of providing continued City operation of the City's libraries for the remainder of 2007,on the terms and conditions described above, and to make such amendments or modifications to the Interim IGA as the City Manager may,in consultation with the City Attorney, determine are necessary or appropriate to protect the interests of the City or to advance the objectives set forth herein. Passed and adopted at a regular meeting oVCci f the City of Fort Collins this I Sth day of May, A.D. 2007. Mayo ATTEST: 14�ty� City Clerk